Eligible to apply for ILR 5 Years route?

[iamthesams]

Hi,

Can I apply for ILR through 5 years route as I have spent more than 5 years on the following visas:

1. 3 Years - Jan 2015- Feb 2018 - Visa Tier 1 Entreprenure Partner (dependent of Tier 1)
2. 3 Years - Feb 2018 - Jan 2021 - PBS Dependent Leave to Remain (dependent of Tier 2)

Can I mix those two categories?

Thanks for your help in advance.
Regards,
Snig

[CULLINAN]

As long you have been in UK for 5 years on PBS dependent visa (both Tier 1 dep & Tier 2 dep), yes you can apply for ILR.

Assuming the main applicant got ILR via the PBS route and not LR.

Edit:

Seems like you were advised previously as main applicant got ILR via LR. In this case you can not.

immigration-for-family-members/within-h ... l#p1742085

[iamthesams]

Thank you for your response.

[iamthesams]

@Cullinan,

I am a bit confused and hoping you can help clarify: I understand the first highlighted item below but then the ones I ahve high;ighted afurther confuses me.

The guidance says:
5-year qualifying period
Dependant partners of lead applicantsmust complete a 5-year qualifying period before they qualify for settlement. If the lead applicantobtains settlementor British citizenship before their partner has completed their 5 year qualifyingperiod, the partner can still apply for further leave to remain as theirdependantrather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.

If the lead applicanthas settlementon the basis of long residence, their partner cannot extend their leave or gain settlement as a dependantof a Tier 1(Entrepreneur) or Tier 1(Investor)and must switch into the partner of a settled person category and apply for limited leave. For more information see Appendix FM guidance.

Combining leave for settlement
Leave granted as a dependant in another category of the Immigration Rules can be combined with leave granted as a Tier 1(Entrepreneur) or Tier 1(Investor) dependant to count towards the qualifyingperiod for settlement.The applicant must have been granted as the spouse, civil partneror unmarried partner of the same person,as inthe lead applicant. The most recent leave must be as the partner of that lead applicant Leave granted for any other reason cannot be combined

As long you have been in UK for 5 years on PBS dependent visa (both Tier 1 dep & Tier 2 dep), yes you can apply for ILR.

Assuming the main applicant got ILR via the PBS route and not LR.

Edit:

Seems like you were advised previously as main applicant got ILR via LR. In this case you can not.

immigration-for-family-members/within-h ... l#p1742085

[CR001]

Which guidance are you reading?? Useful to post the link when quoted guidance.

As you got ilr based on long residnece, your dependent has no other option but to switch to FLR M visa and wait another 5 years, ie 2 X 2.5 year visas.

You cannot combine PBS dependent time with FLR M time to make up 5 years, if that is what you are hoping for.

[iamthesams]

@CR001.

Apologies for not posting the guidance link.

https://assets.publishing.service.gov.u ... gov-uk.pdf
Page 27

Not expecting to mix Tier 2 and FLR M time.

Hoping to mix Tier 1 Entreprenure Dep (First 2 Years) and Tier 2 General Dependent (last 3 Years) to clain for settlement - 5 years in total.

Apologies If my question seems dumb but sincerely confused.

Thank you!
Sam

[CR001]

She cannot apply for ilr based on 5 years PBS dependent visa if you got ilr based long residence. The rules do not permit this and has been the case since April 2014.

She could only apply for ilr as a PBS dependent, with any pbs dependent combination, if you got ilr based on 5 years PBS route.